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This book is a legal and political intervention into a contemporary debate concerning the appropriateness of sexual offence prosecutions brought against young gender non-conforming people for so-called ‘gender identity fraud'. It comes down squarely against prosecution. To that end, it offers a series of principled objections based both on liberal principles, and arguments derived from queer and feminist theories. Thus prosecution will be challenged as criminal law overreach and as a spectacular example of legal inconsistency, but also as indicative of a failure to grasp the complexity of sexual desire and its disavowal. In particular, the book will think through the concepts of consent, harm and deception and their legal application to these specific forms of intimacy. In doing so, it will reveal how cisnormativity frames the legal interpretation of each and how this serves to preclude more marginal perspectives. Beyond law, the book takes up the ethical challenge of the non-disclosure of gender history. Rather than dwelling on this omission, it argues that we ought to focus on a cisgender demand to know as the proper object of ethical inquiry. Finally, and as an act of legal and ethical re-imagination, the book offers a queer counter-judgment to R v McNally, the only case involving a gender non-conforming defendant, so far, to have come before the Court of Appeal.
In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.
The sexual revolution: an evocative term, but what meaning can be given to it today? How does 'sexuality' come into being and what connections does it have with the changes that have affected personal life on a more general plane? In answering these questions, Anthony Giddens disputes many of the dominant interpretations of the role of sexuality in modern culture. The emergence of what the author calls plastic sexuality - sexuality freed from its intrinsic relation to reproduction - is analysed in terms of the long-term development of the modern social order and social influences of the last few decades. Giddens argues that the transformation of intimacy, in which women have played the major part, holds out the possibility of a radical democratization of the personal sphere. This book will appeal to a large general audience as well as being essential reading for students and professionals.
This collection of fifty true disclosures by women around the world from all ages and walks of life reveals their innermost thoughts and feelings during sex, accompanied by full-color interpretive illustrations from cutting-edge artists. Author Lucy-Anne Holmes has spoken to women from around the globe, ranging in age from 19-75, as they reveal their innermost thoughts and feelings during sex. The result is an incredible compendium of true disclosures that are funny and sad, shocking and tender. Fully illustrated throughout by a range of cutting-edge artists who have interpreted the intimate revelations in their unique ways, Women on Top of the World will be a provocative collection of female voices. It promises to contribute to the changing way women are now talking about their sexuality, and their journeys toward self-discovery.
How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the main theme of this book. Demonstrating how the legal gender assigned at birth impacts on feelings of recognition, self-confidence and self-respect in the private, social, and legal spheres.
This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.
The regulation of intimate relationships has been a key battleground in the culture wars of the past three decades. In this bold and innovative book, Jean Cohen presents a new approach to regulating intimacy that promises to defuse the tensions that have long sparked conflict among legislators, jurists, activists, and scholars. Disputes have typically arisen over questions that apparently set the demands of personal autonomy, justice, and responsibility against each other. Can law stay out of the bedroom without shielding oppression and abuse? Can we protect the pursuit of personal happiness while requiring people to behave responsibly toward others? Can regulation acknowledge a variety of intimate relationships without privileging any? Must regulating intimacy involve a clash between privacy and equality? Cohen argues that these questions have been impossible to resolve because most legislators, activists, and scholars have drawn on an anachronistic conception of privacy, one founded on the idea that privacy involves secrecy and entails a sphere free from legal regulation. In response, Cohen draws on Habermas and other European thinkers to present a robust "constructivist" defense of privacy, one based on the idea that norms and rights are legally constructed. Cohen roots her arguments in debates over three particularly contentious issues: reproductive rights, sexual orientation, and sexual harassment. She shows how a new legal framework, "reflexive law," allows us to build on constructivist insights to approach these debates free from the liberal and welfarist paradigms that usually structure our legal thought. This new legal paradigm finally allows us to dissolve the tensions among autonomy, equality, and community that have beset us. A synthesis of feminist theory, political theory, constitutional jurisprudence, and cutting-edge research in the sociology of law, this powerful work will reshape not only legal and political debates, but how we think about the intimate relationships at the core of our own lives. .
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Presenting themselves to the world as an effortlessly excellent family, successful criminal lawyer Karen, her Parliament candidate husband, and her intelligent athlete son, Max, find their world crumbling in the wake of a friend's betrayal and the secretabout Max's intersexual identity.